Hilarius Karario v. Sabaya Kirahi, (PC) Civ. App. 101-M-66, 16/12/67, Hamlyn J.

Hilarius Karario v. Sabaya Kirahi, (PC) Civ. App. 101-M-66, 16/12/67, Hamlyn J.

In summarily dismissing an appeal, the High Court discussed appellant’s claim that the trial court failed to summon his witnesses.

            The Court noted; The Primary duty is on the party to a suit to arrange for the attendance of his own witnesses. If for any reason a party thinks the witness will not appear, it is open to him to request the court to issue a summons. “If, however, the party desiring the witness to give evidence takes non steps to secure the witness’ attendance (other than merely asking him to come to the court) he cannot of right request an adjournment of the matter for the missing witness to be sought and brought before the court.”